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ARBITRATION 

between  the 
EASTERN  RAILROADS 

and 

THE  BROTHERHOOD  OF  LOCOMOTIVE 
FIREMEN  AND  ENGINEMEN 

Submitted  to  Arbitration,  under  the  Erdman  Act, 
by  Agreement  Dated  Feb.  18,  1913 


Interpretations  of  Award  Previously- 
Filed  on  April  23,  1913. 


New   York 
December  5,  1913. 


Law  Reporting  Company,  Official  Reporters, 
115  Broadway,  New  York. 


1  r 


2711 


New  York  City,  August  29th,  1913. 
i 
Judge  W.  L.  Chambers,  Esq., 

Southern  Building, 

Washington,  D.  C. 
Mr.  W.  W.  Atterbury, 

Vice-President,  Pennsylvania  Railroad, 

Broad  Street  Station,  Philadelphia,  Pa. 
Mr.  Albert  Phillips, 

Vice-President,  Brotherhood  of  Loco.  Firemen  and  Engine- 
men, 

Broadway  Central  Hotel,  New  York  City. 

Gentlemen : 

The  following  is  a  list  of  questions  which  have  arisen  under 
the  Firemen's  Award  which  we  desire  that  your  Board  shall  con- 
sider and  advise  how  the  provisions  of  the  Award  apply  thereto : 

ARTICLE    1. 

1. — Does  Article  1  provide  for  continuous  time  except  as 
otherwise  specified. 

2. — Can  the  calendar  day  be  continued  on  roads  having  such 
a  provision,  and  if  so  under  what  conditions? 

3. — Can  time  for  meals  be  deducted  on  transfer  runs,  mine 
runs,  work  trains,  or  other  services  on  which  through  freight 
rates  are  granted  by  the  Award,  where  such  practice  prevailed 
prior  to  the  Award? 

4. — Does  this  article  permit  of  the  elimination  of  existing 
rules  providing  a  day  for  less  than  10  hours,  or  less  than  100 
miles,  and  if  so  under  what  conditions? 

5. — Does  the  Award  eliminate  schedule  rules  providing  for 
extra  or  constructive  mileage  to  be  added  to  trips  of  100  miles  or 
more,  and  if  so  under  what  conditions? 

6. — Does  the  Award  permit  of  the  elimination  of  existing 
schedule  rules  providing  for  more  than  a  day  for  less  than  10 
hours,  or  less  than  100  miles,  and  if  so  under  what  conditions? 


o  ■*  »r  #»  rr  n 


;  ;  •::„:/;•.•...■  2712 

ARTICLE  2- (a). 

7. — Should  the  minimum  rates  provided  by  this  article  super- 
sede rates  which  are  granted  by  rules  in  existing  schedules  that 
are  higher  for  any  class  of  engine  or  service,  and  if  so  under 
what  conditions? 

8. — Where  two  or  more  engines  of  different  weights  on 
drivers  are  used  during  a  trip  or  day's  work,  what  rate  should 
apply? 

ARTICLE  2- (b). 

9. — Should  the  higher  rates  for  any*  class  of  engines  used 
in  yard  service  be  eliminated  by  the  Award,  and  if  so  under  what 
conditions? 

ARTICLE  2(d). 

10. — What  overtime  rate  should  apply  on  electric  locomo- 
tives in  passenger  service? 

ARTICLE  2(e). 

11. — When  two  or  more  different  classes  of  service  are  per- 
formed in  one  day  or  trip,  what  rate  or  rates  should  apply? 

ARTICLE  3- (a). 

12. — Does  the  Award  eliminate  existing  rules  providing  for 
overtime  after  a  stated  number  of  hours,  regardless  of  miles  run, 
and  if  so  under  what  conditions? 

ARTICLE  4. 

13. — Are  firemen  on  trains  held  behind  a  train  at  the  desig- 
nated main  track  switch  entitled  to  pay  for  final  terminal  delay? 

14. — After  the  lapse  of  one  hour  are  firemen  entitled  to  pay 
for  that  hour? 

15. — Where  schedule  rules  provide  for  initial  or  terminal 
delay  in  addition  to  all  other  time  made  on  trip  shall  same  be 
maintained,  and  if  so  under  what  conditions? 


2713 


ARTICLE  5. 

16. — Where  existing  schedule  rules  providing  that  payment 
for  time  held  at  other  than  home  terminal  shall  begin  in  lesser 
number  of  hours  than  provided  in  this  article,  shall  same  be 
maintained,  and  if  so  under  what  conditions? 

ARTICLE  8. 

17. — Where  schedules  provide  a  more  favorable  allowance 
for  firemen  tied  up  under  the  Hours  of  Service  law,  must  such 
arrangement  be  continued,  and  if  so  under  what  conditions? 

ARTICLE  9. 

18. — Under  the  Award  can  the  earnings  of  an  individual 
fireman  on  any  engine  in  any  class  of  service  be  diminished  from 
what  they  were  prior  to  the  Award? 

19. — Can  rules  in  schedules  providing  for  extra  compensation 
for  service  not  covered  by  the  Award  be  eliminated,  and  if  so 
under  what  conditions? 

20. — Where  the  rates  of  the  Award  are  higher  than  old  rates 
in  any  class  of  service  and  the  conditions  of  the  Award  are  not 
as  good  as  old  conditions  in  the  same  class  of  service,  or  vice 
versa,  and  to  apply  the  conditions  and  rates  of  the  Award  will 
reduce  the  earnings  of  firemen  in  that  class  of  service,  what  rates 
and  conditions  shall  apply? 

21. — Can  a  combination  of  new  rates  and  old  conditions,  or 
vice  versa,  be  made  where  such  a  combination  will  result  in  in- 
creasing the  earnings  of  the  firemen  in  any  class  of  service  above 
what  they  were  prior  to  the  Award? 

22. — Can  a  combination  of  new  rates  and  old  conditions,  or 
vice  versa,  be  made  where  such  a  combination  will  result  in  in- 
creasing the  earnings  of  the  firemen  in  any  class  of  service  above 
the  earnings  which  would  result  from  the  awarded  rates  and 
conditions? 

If  it  will  be  agreeable  to  your  Board  to  consider  and  advise 
how  the  provisions  of  the  Award  apply  to  these  questions,  we  will 
sumbit  our  reasons  for  the  views  held  by  the  respective  parties? 


2714 

In  addition  to  the  foregoing  the  Firemen  request  your  Board 
to  consider  and  decide  the  following  questions,  and  how  the  pro- 
visions of  the  Award  apply  thereto,  but  in  this  request  the  Con- 
ference Committee  of  Managers  do  not  join : 

ARTICLE  2(c). 

1. — What  is  a  hostler? 

2.— What  is  a  road  hostler? 

3. — What  is  the  pay  for  split  service  as  between  hostling  and 
other  work? 

4. — What  is  the  pay  for  split  service  as  between  road  and 
other  hostling? 

5. — Is  the  time  for  hostling  to  be  continuous? 

ARTICLE  2(e). 
6. — What  constitutes  transfer  service? 

ARTICLE  2-(f). 
7. — What  constitutes  local  freight  service? 
8. — Do  local  freight  rates  apply  to  pick-up  and  set-out  service? 

ARTICLE  7. 

9. — Should  supplies  be  taken  off  engines  by  round-house 
forces  as  well  as  placed  on  them? 

We  will  appreciate  advice  of  your  desires  in  the  premises. 
Respectfully  submitted, 
CONFERENCE  COMMITTEE  OF  MANAGERS, 

By   (Signed)   ELISHA  LEE, 

Chairman. 
BROTHERHOOD  OF  LOCOMOTIVE  FIREMEN 

AND  ENGINEMEN, 
By  (Signed)     A.  P.  PHILLIPS, 

Vice-President. 


2715 

September  8,  1913. 

Mr.  Elisha  Lee, 

Chairman,  Conference  Committee  of  Managers, 
Mr.  A.  P.  Phillips, 

Vice-President,     Brotherhood     of     Locomotive     Firemen    & 
Enginemen, 

Gentlemen : 

The  communication  dated  August  29,  1913,  addressed  as 
follows : 

Judge  W.  L.  Chambers, 
Southern  Building, 
Washington,  D.  C. 
Mr.  W.  W.  Atterbury, 

Vice-President,  Pennsylvania  Railroad, 
Broad  Street  Station, 
Philadelphia,  Pa. 
Mr.  Albert  Phillips, 

Vice-President,    Brotherhood   of   Loco.    Firemen   & 
Enginemen, 

Broadway  Central  Hotel, 
New  York  City, 

was  received  at  this  office  in  my  absence. 

Following  the  twenty-two  questions  that  you  submit  and 
which  involve  the  interpretations  and  applications  of  many  of 
the  provisions  of  the  award  dated  April  23,  1913,  in  the  matter 
of  the  arbitration  between  the  Brotherhood  of  Locomotive  Fire- 
men and  Enginemen  and  the  Baltimore  &  Ohio  Railroad  Com- 
pany and  others,  you  say,  "If  it  will  be  agreeable  to  your  Board 
to  consider  and  advise  how  the  provisions  of  the  award  apply 
to  these  questions,  we  will  submit  our  reasons  for  the  views  held 
by  the  respective  parties."  And  in  addition  to  this  proposal 
the  Firemen  request  the  Board  to  consider  and  decide  certain 
other  questions  in  which  the  Conference  Committee  of  Managers 
does  not  join. 

Manifestly  it  is  not  expected  (and  I  do  not  deem  it  de- 
sirable) that  these  questions  shall  be  answered  and  interpreta- 


2716 

tions  and  applications  made  separately  by  the  members  of  the 
Board  of  Arbitration,  and  I  hardly  see  how  the  request  can  be 
complied  with  upon  prepared  statements  in  writing  although 
such  statements  will  be  desirable.  Many  of  the  questions  asked 
and  the  interpretations  requested  go  to  the  fundamental  features 
of  the  award  and  there  should  be  a  reconvening  of  the  Board 
at  some  convenient  time  and  place  with  all  parties  present,  in- 
cluding at  least  Messrs.  Elisha  Lee  and  W.  S.  Carter. 

As  Mr.  Atterbury  is  a  member  of  the  Board  of  Arbitration 
between  the  conductors  and  trainmen  and  the  Eastern  Associat- 
ed Railroads  which  is  to  begin  its  hearings  in  New  York  Sep- 
tember 11th,  and  will  be  engaged  in  that  work  from  day  to  day 
for  a  month  or  more,  and  as  Mr.  Elisha  Lee  will  be  the  active 
representative  of  the  railroads  before  that  Board,  I  do  not  see 
that  the  meeting  I  suggest  can  be  held  before  some  time  in  No- 
vember. In  view,  however,  of  the  importance  of  the  subject  mat- 
ter and  the  possible  urgency  of  prompt  action,  I  am  quite  agree- 
able to  take  up  the  matter  at  any  date  in  the  meantime  that 
may  be  arranged  for,  and  to  expedite  the  request  as  far  as  pos- 
sible will  come  to  New  York  at  any  time  upon  two  days'  notice, 
provided  I  am  not  immediately  so  engaged  in  other  official  work 
that  I  cannot  leave. 

Very  truly  yours, 

(Signed,)  W.  L.  CHAMBERS. 


Philadelphia,  Pa.,  November  26,  1913. 
My  dear  Mr.  Atterbury: 

I  herewith  hand  you,-  for  your  consideration  and  action, 
answers  to  questions  propounded  by  the  Conference  Committee 
of  Managers,  Eastern  Associated  Railroads,  and  the  Brother- 
hood of  Locomotive  Firemen  and  Enginemen. 

These  answers  have  been  drawn  after  repeated  conferences 
between  you,  Mr.  Phillips  and  myself,  and  in  some  respects,  at 
least,  embody  the  concurrent  views  of  us  all. 

It  is,  of  course,  the  privilege  of  each  to  draft  his  own  re- 
plies— indeed  it  is  our  duty  to  do  this  if  there  is  a  difference 
of  opinion.    I,  however,  submit  these  conclusions  with  the  hope 


2717 

that  we  will  announce  our  concurrence  as  far  as  possible;  and 
in  those  particulars  where  we  cannot  agree  I  respectfully  re- 
quest that  you  furnish  me  your  conclusions,  if  practicable  with- 
in three  days.  Upon  receipt  of  same,  I  will,  as  Chairman  of 
the  Board,  communicate  the  results  of  our  deliberations  to  the 
parties  interested. 

Yours  very  truly, 

(Signed)  W.  L.  CHAMBERS. 

Mr.  W.  W.  Atterbury, 
Broad  Street  Station, 
Philadelphia,  Pa. 

Identic,  to  Mr.  Phillips. 


IN  THE  MATTER  OF  THE  AWARD   RENDERED   APRIL 
23RD,  1913,  IN  THE  ARBITRATION  OF  THE  CONTRO- 
VERSY BETWEEN  THE  BROTHERHOOD  OF 
LOCOMOTIVE  FIREMEN  AND  ENGINEMEN 
AND  THE  EASTERN  ASSOCIATED  RAIL- 
ROADS. 


TO  THE 


CONFERENCE  COMMITTEE  OF  MANAGERS 
REPRESENTING  THE  ASSOCIATED  EASTERN  RAIL- 
ROADS 

AND. 

THE  BROTHERHOOD  OF  LOCOMOTIVE  FIREMEN  AND 

ENGINEMEN. 

In  response  to  your  communication  of  August  29th,  1913, 
in  which  you  requested  the  Board  of  Arbitrators  to  answer  cer- 
tain questions  therein  propounded,  a  copy  of  which  letter  is 
hereto  attached  as  Exhibit  "A,"  the  Board  re-assembled  in  New 
York  City  on  November  11th,  1913,  received  written  statements 
from  the  respective  parties,  examined  witnesses  and  heard 
arguments,  and  since  then  conferences  have  been  held,  at  which 
full  consideration  was  given  the  subject  matter,  'and  now  sub- 


2718 

mits  answers  to  the  questions  propounded.  In  connection  with 
each  answer,  the  article  of  the  award,  as  well  as  the  questions 
relating  thereto,  is  included. 

ARTICLE  1. 

Ten  (10)  hours  or  less,  or  one  hundred  (100)  miles  or  less, 
shall  constitute  a  day's  work  in  all  classes  of  service,  except  as 
otherwise  specified.  The  time  for  which  firemen  will  be  paid 
shall  begin  at  the  time  he  is  required  to  report  for  duty,  and  end 
when  the  engine  is  delivered  at  the  point  designated. 

Question  1.— Does  Article  1  provide  for  continuous  time  ex- 
cept as  otherwise  specified? 

Answer. — Article  1  provides  for  continuous  time  in  all 
classes  of  service  affected  by  the  Award  except  on  short  turn- 
around runs,  no  single  one  of  which  exceeds  eighty  miles,  includ- 
ing suburban  service,  as  provided  by  Article  3-(c).  The  rail- 
roads may  establish  additional  turn-around  passenger  service, 
but  time  shall  be  continuous  if  not  relieved  at  turning  point. 
If  relieved  at  turning  point,  a  minimum  of  100  miles  will  be 
allowed  in  each  direction;  turn-around  runs  to  be  definitely 
specified.  In  switching  and  hostler  service  the  time  regularly 
occupied  for  the  meal  hour  under  the  schedules  and  customs  of 
the  different  roads  may  be  deducted. 

Question  2. — Can  the  calendar  day  be  continued  on  roads  hav- 
ing such  a  provision,  and  if  so,  under  what  conditions? 

Answer. — Article  1  provides  for  a  day  of  continuous  service 
with  the  exception  above  stated  in  answer  to  Question  1.  The 
calendar  day  provides  for  intermittent  relief  from  duty,  with  loss 
of  pay  for  time  so  relieved,  therefore,  Article  1  supersedes  the  cal- 
endar day  on  railroads  having  such  provision. 

Question  3. — Can  time  for  meals  be  deducted  on  transfer  runs, 
mine  runs,  work  trains,  or  other  services  on  which  through  freight 
rates  are  granted  by  the  Award,  where  such  practice  prevailed 
prior  to  the  Award? 

Answer. — It  being  decided  that  Article  1  provides  for  a  day 
of  continued  service  with  the  exceptions  above  stated,  it  follows 


2719 

that  time  for  meals  cannot  be  deducted  on  transfer  runs,  mine 
runs,  work  trains,  or  other  services  on  which  through  freight  rates 
are  granted  by  the  Award,  except  such  relief  as  is  agreed  upon  be- 
tween the  men  and  the  railroad. 

Question  4. — Does  this  Article  permit  of  the  elimination  of 
existing  rules  providing  a  day  for  less  than  10  hours,  or  less  than 
100  miles,  and  if  so,  under  what  conditions? 

Answer. — The  provisions  of  the  Award  by  which  a  "day"  is 
defined  in  the  various  classes  of  service  should  apply  in  all  cases 
except  where  it  is  necessary  to  retain  rules  that  were  better  to 
comply  with  the  requirements  of  Article  9. 

Question  5. — Does  the  Award  eliminate  schedule  rules  pro- 
viding for  extra  or  constructive  mileage  to  be  added  to  trips  of 
1 00  miles  or  more,  and  if  so,  under  what  conditions? 

Answer. — The  Award  does  not  eliminate  schedule  rules  for 
extra  or  constructive  mileage  to  be  added  to  trips  of  100  miles 
or  more,  unless  such  elimination  is  made  necessary  by  the  applica- 
tion of  Article  9  of  the  Award. 

Question  6. — Does  the  Award  permit  of  the  elimination  of 
existing  schedule  rules  providing  for  more  than  a  day  for  less 
than  10  hours,  or  less  than  100  miles,  and  if  so,  under  what 
conditions? 

Answer. —  (Covered  by  answer  to  Question  4.) 

ARTICLE  2- (a). 

Passenger  Service. 

Weights  of  Locomotives 
in  pounds  on  Drivers. 

Less  than    80,000  pounds $2.45 

80,000  to  100,000       " 2.50 

100,000  to  140,000       "       2.60 

140,000  to  170,000       "       2.70 

170,000  to  200,000       "       2.85 

200,000  to  250,000       "       3.00 

250,000  to  300,000       "       3.20 

300,000  to  350,000       " 3.40 

All  engines  over  350,000  lbs.  on  drivers   3 .  60 

Mallet  engines  regardless  of  weight  on  drivers. ..  .4.00 


2720 

Freight  Service. 

Less  than    80,000  pounds $2.75 

80,000  to  100,000       "       2.85 

100,000  to  140,000       "       3.00 

140,000  to  170,000       "       3.10 

170,000  to  200,000       "       3.20 

200,000  to  250,000       "       3.30 

250,000  to  300,000       "       3.55 

All  engines  over  300,000  lbs.  on  drivers 4.00 

Mallet  engines  regardless  of  weight  on  drivers ....   4 .  00 

Where  two  firemen  are  employed  on  a  locomotive  as  a  result 
of  the  application  of  Article  6  hereinafter,  the  rates  of  pay  to 
each  fireman  shall  be  as  follows: 

Weight  on  drivers,  100,000  up  to  250,000  lbs $2.75 

"         "         "         over  250,000   lbs 3.00 

Question  7. — Should  the  minimum  rates  provided  by  this 
Article  supersede  rates  which  are  granted  by  rules  in  existing 
schedules  that  are  higher  for  any  class  of  engine  or  service,  and 
if  so,  under  what  conditions? 

Answer. — The  minimum  rates  provided  by  this  Article  should 
apply  to  all  classes  of  engines  and  service  except  where  necessary 
to  meet  the  guaranteed  requirements  of  Article  9.  In  such  cases 
schedule  rates  that  are  higher  for  engines  or  service  should  be 
maintained. 

Question  8. — When  two  or  more  engines  of  different  weights 
on  drivers  are  used  during  a  trip  or  day's  work,  what  rate  should 
apply? 

Answer. — Where  two  or  more  engines  of  different  weights  on 
drivers  are  used  during  a  trip  or  day's  work,  the  highest  rate  ap- 
plicable to  any  engine  used  should  be  paid  for  the  entire  day  or 
trip. 

ARTICLE  2-  (b). 

Switching  Service. 

Switch  engine  firemen  on  locomotives,  weighing  less  than 
140,000  lbs.  on  drivers,  per  day  of  ten  (10)  hours  or 
less    $2.50 


2721 

Switch  engine  firemen  on  engines  weighing  140,000  lbs. 
or  over  on  drivers,  per  day  of  ten  (10)  hours  or  less 
(excluding  Mallets  $4.00)   2.60 

Question  9. — Should  the  higher  rates  for  any  class  of  engines 
used  in  yard  service  be  eliminated  by  the  Award,  and  if  so,  under 
what  conditions? 

Answer. — Where  higher  rates  than  those  established  by  the 
Award  have  been  in  effect,  the  same  should  not  be  eliminated. 

ARTICLE  2(d). 

Helper  on  Electric  Locomotive. 

The  term  "helper"  will  be  understood  to  mean  the  second 

man  employed  on  electric  locomotives,  and  he  shall 

receive  in  passenger  service,  per  day  of  ten   (10) 

hours,  or  less,  one  hundred  (100)  miles  or  less  $2.50 

In  through  freight  per  day  of  ten  (10)  hours  or  less,  one 

hundred  (100)  miles  or  less 2.80 

In  switching  service,  per  day  of  ten  (10)  hours  or  less 2.50 

All  working  conditions  applicable  to  steam  locomotive  fire- 
men in  steam  service  will  apply  to  helpers  in  electric  service. 

Question  10. — What  overtime  rate  should  apply  on  electric 
locomotives  in  passenger  service? 

Answer. — As  Article  2-(d)  provides  that  "All  working  con- 
ditions applicable  to  steam  locomotive  firemen  in  steam  service 
will  apply  to  helpers  in  electric  service,"  and  as  it  does  not  fix  a 
specific  rate  of  overtime  for  helpers  on  electric  locomotives,  it 
must  follow  that  the  rate  of  overtime  fixed  for  steam  locomotive 
firemen  will  apply  to  helpers  in  electric  service. 

ARTICLE  2(e). 

Firemen  on  locomotives  in  pusher  and  helper  service,  mine 
runs,  work,  wreck,  belt  line  and  transfer  service,  and  all  other 
unclassified  service  will  be  paid  through  freight  rates  according 
to  the  class  of  engine. 

Question  11. — When  two  or  more  classes  of  service  are  per- 
formed in  one  day  or  trip,  what  rate  or  rates  should  apply? 


2722 

Answer. — Article  2  fixes  the  minimum  rate  per  day  in  all 
classes  of  service  on  all  railroads  subject  to  this  Award.  Article 
1  provides  that  ten  hours  or  less,  or  one  hundred  miles  or  less, 
shall  constitute  a  day's  work  in  all  classes  of  service  except  as 
provided  in  Article  3-(b),  where  five  hours  or  less,  one  hundred 
miles  or  less,  constitutes  a  day's  work  in  passenger  service,  and 
except  as  provided  in  Article  3-(c),  where  eight  hours  service  in 
any  12-hour  period  is  rendered  on  short  turn  around  runs  in 
passenger  service,  no  single  one  of  which  exceeds  eighty  miles, 
including  suburban  service;  therefore,  a  full  day's  pay  is  guar- 
anteed to  the  fireman  by  the  Award  in  any  class  of  service.  A 
fireman  being  guaranteed  a  full  day's  pay  in  any  service  he  per- 
forms should  be  paid  the  highest  rate  when  two  or  more  differ- 
ent classes  of  service  are  performed  in  one  day  or  trip. 

ARTICLE  3- (a). 

Overtime  in  all  classes  of  service,  except  passenger,  will  be 
paid  for  pro  rata  on  the  minute  basis.  Except  as  otherwise 
specified  ten  (10)  hours,  or  one  hundred  (100)  miles  will  be  the 
basis  for  computing  overtime.  Miles  and  hours  will  not  be 
counted  together;  when  miles  exceed  hours,  miles  will  be  al- 
lowed, and  when  hours  exceed  miles,  hours  will  be  allowed. 

Question  12. — Does  the  Award  eliminate  existing  rules  pro- 
viding for  overtime  after  a  stated  number  of  hours,  regardless  of 
the  miles  run,  and  if  so,  under  what  conditions? 

Answer. — The  Award  does  not  eliminate  existing  rules  pro- 
viding for  overtime  after  a  stated  number  of  hours  regardless  of 
miles  run,  provided  that  such  elimination  is  not  made  necessary 
by  the  application  of  Article  9  of  the  Award. 

ARTICLE  4. 

No  initial  terminal  delay  is  allowed  beyond  that  involved 
in  the  rule  that  pay  shall  begin  in  all  cases  at  the  time  fireman 
is  required  to  report  for  duty,  but  final  terminal  delay  after  the 
lapse  of  one  hour  will  be  paid  for  at  the  end  of  the  trip,  at  the 
overtime  rate,  according  to  the  class  of  engine,  on  the  minute 
basis.  For  freight  service  final  terminal  delay  shall  be  com- 
puted  from  the  time  the  engine  reaches   the  designated  main 


2723 

track  switch  connecting  with  the  yard  track.  For  passenger  ser- 
vice final  terminal  delay  shall  be  computed  from  the  time  the 
train  reaches  the  terminal  station.  If  road  overtime  has  com- 
menced terminal  overtime  shall  not  apply,  and  road  overtime 
shall  be  computed  to  the  point  of  final  release. 

Question  13. — Are  firemen  on  trains  held  behind  a  train  at 
the  designated  main  track  switch  entitled  to  pay  for  final  ter- 
minal delay? 

Answer. — Where  train  arrives  at  designated  main  track 
switch  (switch  connection  with  the  yard  where  train  leaves  the 
main  track)  or  semaphore  governing  same,  and  other  trains  ar- 
rive and  stand  behind  waiting  to  get  into  yard,  final  terminal 
delay  will  be  computed  for  all  trains  which  are  so  held  within 
yard  limits.  A  fireman  has  reached  the  designated  main  track 
switch  when  he  has  reached  the  semaphore  or  signal  governing 
the  switch,  if  held  against  his  train  or  a  train  in  front  of  him. 

Question  14. — After  the  lapse  of  one  hour  are  firemen  en- 
titled to  pay  for  that  hour? 

Answer. — The  Award  provides  that  final  terminal  delay 
after  the  lapse  of  one  hour  will  be  paid  for  at  the  end  of  the 
trip  and  at  the  overtime  rate  according  to  class  of  engine,  on  a 
minute  basis.  It  also  provides  if  road  overtime  has  commenced, 
terminal  overtime  shall  not  apply;  therefore,  the  fireman  in  com- 
puting final  terminal  delay  cannot  include  the  first  hour  after 
the  engine  reaches  the  designated  main  track  switch,  but  firemen 
will  be  paid  additional  compensation  for  all  such  delay  over  one 
hour  at  the  final  terminal  in  accordance  with  the  provisions  of 
Article  4. 

Question  15. — Where  schedule  rules  provide  for  initial  or 
terminal  delay  in  addition  to  all  other  time  made  on  trip,  shall 
same  be  maintained,  and  if  so,  under  what  conditions? 

Answer. — The  rules  of  overtime  provided  by  the  Award 
should  apply  in  all  cases  except  where  it  is  necessary  to  maintain 
better  antecedent  rules  to  fulfill  the  guaranteed  requirements  of 
Article  9. 


2724 


ARTICLE  5. 

Firemen  in  pool  freight  and  in  unassigned  service  held  at 
other  than  home  terminal,  will  be  paid  continuous  time  for  all 
time  so  held  after  the  expiration  of  eighteen  (18)  hours  from 
time  relieved  from  previous  duty,  at  the  rate  per  hour  paid  him 
for  the  last  service  performed.  If  held  fourteen  (14)  hours 
after  the  expiration  of  the  first  twenty-eight  (28)  hour  period, 
he  will  be  paid  continuous  time  for  the  next  succeeding  ten  (10) 
hours,  or  until  the  end  of  the  twenty-four  (24)  hour  period,  and 
similarly  for  each  twenty-four  (24)  hour  period  thereafter. 
Should  a  fireman  be  called  for  duty  after  pay  begins,  his  time 
will  be  computed  continuously. 

Question  16. — Where  existing  schedule  rules  providing  that 
payment  for  time  held  at  other  than  home  terminal  shall  begin 
in  lesser  number  of  hours  than  provided  in  this  Article,  shall 
same  be  maintained,  and  if  so,  under  what  conditions? 

Answer. — Where  existing  schedule  rules  provide  that  pay- 
ment for  time  held  at  other  than  home  terminal  shall  begin  in 
a  less  number  of  hours  than  provided  in  Article  5,  such  rules  are 
to  be  maintained,  provided  their  elimination  is  not  made  neces- 
sary by  the  application  of  Article  9  of  the  award. 

ARTICLE   8. 

Firemen  tied  up  between  terminals  on  account  of  the  Hours 
of  Service  Law,  will  be  paid  continuous  time  from  initial  point 
to  tied-up  point,  When  they  resume  duty  on  a  continuous  trip 
they  will  be  paid  from  tied-up  point  to  terminal  on  the  following 
basis:  For  fifty  (50)  miles  or  less,  or  five  (5)  hours  or  less, 
fifty  (50)  miles  pay;  for  more  than  fifty  (50)  miles  up  to  one 
hundred  (100)  miles,  or  over  five  (5)  hours,  and  up  to  ten  (10) 
hours,  one  hundred  (100)  miles  pay;  over  one  hundred  (100) 
miles,  or  over  ten  (10)  hours,  at  schedule  rates.  This  provision 
does  not  permit  the  running  of  firemen  through  terminal  or 
around  other  firemen  at  terminals,  unless  such  practice  is  per- 
mitted under  the  pay  schedule. 

Question  17. — W^here  schedules  provide  a  more  favorable 
allowance  for  firemen  tied  up  under  the  Hours  of  Service  Law, 


2725 

must  such  arrangement  be  continued,  and  if  so,  under  what  con- 
ditions? 

Answer. — The  rules  governing  tied-ups  under  the  Hours  of 
Service  Law  as  provided  by  the  award  should  apply  in  all  cases, 
except  where  necessary  to  maintain  better  antecedent  rules  to 
fulfill  the  requirements  of  Article  9. 

ARTICLE   9. 

The  earnings  of  firemen  in  any  class  of  service  shall  not  be 
dimininshed  by  the  provisions  of  this  Award;  and  if  the  rates  that 
were  higher  or  the  conditions  that  were  better  antecedent  to 
this  award  are  necessary  to  guarantee  this  requirement  they  shall 
be  maintained.  Neither  shall  the  earnings  of  the  firemen,  in 
any  class  of  service,  be  increased  above  what  the  higher  rates 
of  pay  and  the  conditions  that  were  better  antecedent  hereto 
guaranteed  him,  by  a  combination  of  the  rates  herein  established 
with  the  conditions  of  service  antecedent  hereto,  or  vice  versa. 

It  is  not  intended  that  any  of  the  terms  or  provisions  of  this 
Award  shall  debar  committees  from  taking  up  for  adjustment 
with  the  management  of  the  respective  railroads  any  questions 
or  matters  not  specifically  covered  herein. 

Question  18. — Under  the  Award  can  the  earnings  of  an  indi- 
vidual fireman  on  any  engine  in  any  class  of  service  be  diminished 
from  what  they  were  prior  to  the  Award? 

Answer. — Article  9  guarantees  that  the  earnings  of  an  in- 
dividual fireman  on  any  engine  in  any  class  of  service  shall  not 
be  diminished  below  what  they  were  prior  to  the  award. 

Question  19. — Can  rules  in  schedules  providing  for  extra 
compensation  for  service  not  covered  by  the  Award  be  eliminated, 
and  if  so,  under  what  conditions? 

Answer. — The  Award  does  not  go  beyond  the  specific  mat- 
ters which  were  referred  to  arbitration,  and  therefore,  were  pre- 
existing rules  provided  for  extra  compensation  for  service  not 
specifically  covered  by  the  Award,  it  necessarily  follows  that  such 
rules  remain  in  effect. 

Question  20. — Where  the  rates  of  the  Award  are  higher  than 
old  rates  in  anv  class  of  service  and  the  conditions  of  the  Award 


2726 

are  not  as  good  as  old  conditions  in  the  same  class  of  service, 
or  vice  versa  and  to  apply  the  conditions  and  rates  of  the  Award 
will  reduce  the  earnings  of  firemen  in  that  class  of  service,  what 
rates  and  conditions  shall  apply? 

Question  21. — Can  a  combination  of  new  rates  and  old  con- 
ditions, or  vice  versa,  be  made  where  such  a  combination  will 
result  in  increasing  the  earnings  of  the  firemen  in  any  class  of 
service  above  what  they  were  prior  to  the  Award? 

Question  22. — Can  a  combination  of  new  rates  and  old  con- 
ditions, or  vice  versa,  be  made  where  such  a  combination  will 
result  in  increasing  the  earnings  of  the  firemen  in  any  class  of 
service  above  the  earnings  which  would  result  from  the  awarded 
rates  and  conditions? 

it  would  appear  that  a  composite  answer  to  Questions  20, 
21  and  22  would  be  better  than  a  separate  answer  to  each  ques- 
tion, for  it  appears  that  not  only  these  three  questions  but  many 
of  the  others  submitted  to  the  Board  arise  out  of  different  under- 
standings of  the  intent  and  purpose  of  Article  9  of  the  Award; 
and  in  order  that  the  intent  and  purpose  thereof  may  be  plainly 
understood,  the  following  interpretation  of  said  article  is  made 
as  an  answer  not  only  to  Questions  20,  21  and  22  but  as  supple- 
menting the  answers  made  to  any  of  the  other  questions  where 
such  questions  involved  the  application  or  interpretation  of 
Article  9. 

Article  2  fixed  the  minimum  rates  of  pay  for  all  firemen, 
helpers  on  electric  locomotives,  hostlers,  road  hostlers,  and  road 
hostlers'  assistants,  and  no  combination  of  conditions  can  be 
made  with  lower  rates  than  the  minimum  rates  thus  fixed. 

If  the  rates  that  were  higher  or  the  conditions  that  were 
better  antecedent  to  the  Award  are  necessary  to  guarantee  a  fire- 
man against  diminished  earnings,  such  antecedent  rates  or  condi- 
tions shall  be  maintained.  If  a  combination  of  the  rates  and 
conditions  of  the  Award  result  in  diminishing  the  earnings  of 
a  fireman  in  any  class  of  service,  and  a  combination  of  the  rates 
herein  established  with  the  conditions  of  service  antecedent  here- 
to, results  in  increasing  the  earnings  of  the  firemen  above  what 
the  higher  rates  of  pay  and  the  conditions  that  were  better  ante- 
cedent hereto  guaranteed  him,  it  is  the  intent  of  Article  9  that 


2727 

conditions  of  service  antecedent  hereto  should  be  applied  in  so 
far  as  may  be  necessary  to  prevent  either  an  increase  or  decrease 
in  the  earnings  of  a  fireman  in  any  class  of  service,  when  an  in- 
crease is  not  established  by  a  combination  of  the  rates  and  con- 
ditions fixed  by  the  Award. 

A  combination  of  rates  fixed  by  the  Award  with  conditions 
that  were  better  antecedent  hereto  is  not  prohibited  by  the 
Award,  unless  such  combination  results  in  increasing  the  earn- 
ings of  the  fireman  above  what  the  higher  rates  of  pay  and  the 
conditions  that  were  better  antecedent  hereto  guaranteed  him. 

Article  9  provides  that  the  earnings  of  firemen  in  any  class 
of  service  shall  not  be  diminished  by  the  provisions  of  this 
Award,  and  if  the  rates  that  were  higher  or  the  conditions  that 
were  better  antecedent  to  this  Award  are  necessary  to  guarantee 
him  this  requirement,  they  shall  be  maintained.  This  language 
of  Article  9  intends  that  the  earnings  of  no  individual  fireman 
shall  be  diminished,  in  the  same  manner  that  other  language  in 
Article  9  intends  that  the  earnings  of  no  individual  fireman  shall 
be  increased  by  a  combination  of  rates  hereby  established  with 
the  conditions  of  service  antecedent  hereto  above  what  the 
higher  rates  of  pay  and  the  conditions  that  were  better  antece- 
dent guaranteed  him. 

The  conditions  of  service  antecedent  hereto,  thus  referred 
to,  include  only  such  conditions  of  service  as  are  included  or 
referred  to  in  the  Award,  and  have  no  reference  to  any  other 
class  of  service,  or  compensation  therefor,  not  included  or  re- 
ferred to  in  the  Award. 

The  combination  of  rates  and  conditions  prohibited  by  Ar- 
ticle 9  are  only  those  that  directly  result  in  increasing  the  earn- 
ings of  a  fireman  above  what  the  higher  rates  of  pay  and  the 
conditions  that  were  better  antecedent  hereto  guaranteed  him. 

Article  9  does  not  provide  for  firemen  and  other  employees 
affected  by  the  Award,  to  elect  whether  they  shall  accept  the 
rates  and  conditions  of  the  Award  or  retain  the  rates  and  con- 
ditions antecedent  to  the  Award,  it  being  the  intent  of  the 
Award,  that  not  less  than  the  minimum  rates  fixed  by  the  Award 
shall  apply  to  all  classes  of  service  on  all  railroads,  parties  to 
this  Arbitration. 

The  elimination  by  the  Award  of  rules  antecedent  hereto, 
such  as  rules  requiring  engines  to  be  cleaned  by  firemen,  sup- 


2728 

plies  to  be  placed  on  engine  by  firemen,  and  other  similar  rules, 
does  not  prevent  the  application  of  all  the  rates  and  conditions 
of  the  Award,  it  being  understood  that  where  firemen  were  spe- 
cifically compensated  for  such  work  under  conditions  antecedent 
hereto,  such  specific  compensation  is  eliminated  when  the  ser- 
vice for  which  such  specific  compensation  was  paid  is  eliminated. 

As  to  the  nine  questions  submitted  separately  by  the  Com- 
mittee representing  -Firemen  and  Hostlers,  the  answers,  so  far 
as  the  principles  are  concerned  are  clearly  defined  in  the  an- 
swers to  the  foregoing  twenty-two  questions. 

It  is  proper  to  say,  however,  that  the  service  of  "Hostler" 
is  usually  well  understood  and  the  rates  and  conditions  provided 
by  the  Award  for  this  service  should  be  applied  regardless  of  the 
name  by  which  such  employees  are  called  by  the  different  rail- 
roads. Where  questions  arise  as  to  split  service,  etc.,  and  there 
are  no  schedule  rules  governing,  the  Committee  representing  the 
employees  should  meet  the  officials  of  the  Company  and  deter- 
mine same,  and  this  plan  should  also  be  followed  in  determining 
local  freight  and  transfer  service. 

The  original  Award  made  all  increases  in  pay  effective  May 
3,  1913;  and  in  every  case  where  such  increases  have  not  been 
paid  in  whole  or  in  part  under  the  Award  as  now  interpreted, 
the  amount  thereof  in  each  case  shall  be  promptly  paid,  with- 
out any  demand  on  the  part  of  the  employee,  and  these  in- 
creases shall  apply  with  equal  force  to  all  portions  of  all  rail- 
roads represented. 

Nov.  26,  1913.  (Signed)   W.    L.   CHAMBERS, 

Nov.  26,  1913  "  ALBERT  PHILLIPS. 


Philadelphia,  Pa.,  November  26,  1913. 

Hon.  William  L.  Chambers, 

United  States  Commissioner  of 
Mediation  and  Conciliation, 
Southern  Building, 
Washington,  D.  C. 

My  dear  Judge  Chambers : — 

Acknowledging  receipt  of  your  favor  of  even  date  with  copy 


2729 

of  your  conclusions  or  answers  to  the  questions  propounded  by 
the  Conference  Committee  of  Managers,  Eastern  Associated 
Railroad,  and  the  Brotherhood  of  Locomotive  Firemen  and  En- 
ginemen  attached  will  say : 

With  five  slight  corrections  which  I  have  taken  the  liberty  to 
make,  the  supposed  errors  being  entirely  typographical,  I  have 
signed  the  conclusions  and  herewith  return  copy  to  you  as  re- 
quested. 

Trusting  the  corrections  made  will  be  approved  by  you  as 
proper,  I  am, 

Yours  very  truly, 

(Signed)    ALBERT   PHILLIPS. 
Gilberts  Hotel, 

Richmond,  Va. 


THE  PENNSYLVANIA  RAILROAD  COMPANY. 

General  Office,  Broad  Street  Station, 

W.  W.  ATTERBURY, 
Vice-Pres.  in  Charge  of  Operation. 

Philadelphia,  December  1,  1913. 
W.  L.  Chambers,  Esq., 
Southern  Building, 
Washington,  D.  C. 

Dear  Sir: — 

I  most  certainly  dissent  from  the  answers  of  the  majority  of 
the  Board  where  in  framing  such  answers  the  majority  has 
gone  outside  of  the  Award  and  therefore  exceeded  its  limita- 
tions under  the  submission  of  August  29,  1913,  to  the  Board,  in 
which  submission  the  Board  was  requested  to  advise  how  the 
provisions  of  the  Award  applied  to  the  questions  submitted,  as 
follows : 

Question  No.  8. — "When  two  or  more  engines  of  differ- 
ent weights  on  drivers  are  used  during  a  trip  or  day's  work, 
what  rate  should  apply?" 


2730 

Answer. — "Where  two  or  more  engines  of  different 
weights  on  drivers  are  used  during  a  trip  or  day's  work,  the 
highest  rate  applicable  to  any  engine  used  should  be  paid 
for  the  entire  day  or  trip." 

This  answer  is  clearly  outside  of  the  Award,  as  at  no 
place  in  the  Award  is  it  remotely  stated  that  the  highest  rate 
should  be  paid  where  two  or  more  engines  of  different  weights 
on  drivers  are  used  during  a  trip  or  day.  This  is  a  matter  that 
was  not  touched  upon  by  the  Award,  not  originally  submitted 
to  arbitration,  and  the  answer  therefore  goes  beyond  the  submis- 
sion of  August  29,  1913.  In  this  connection  I  Avould  call  your 
attention  to  the  answer  of  the  majority  to  Question  No.  19, 
where  it  is  stated,  "The  Award  does  not  go  beyond  the  specific 
matters  which  were  referred  to  arbitration,  and,  therefore, 
where  pre-existing  rules  provided  for  extra  compensation  for 
service  not  specifically  covered  by  the  Award,  it  necessarily  fol- 
lows that  such  rules  remain  in  effect." 

This  question  should  have  been  answered  in  the  same  man- 
ner as  the  answer  of  the  majority  to  Question  No.  19,  that 
as  this  matter  was  not  touched  upon  by  the  Award  nor  submit- 
ted originally  to  arbitration,  pre-existing  rules  should  govern. 

Question  No.  11. — Covered  by  our  reply  under  Question 
No.  8. 

Question  No.  10. — "What  overtime  rate  should  apply  on 
electric  locomotives  in  passenger  service?" 

Answer. — "As  Article  2  (d)  provides  that  'All  working  con- 
ditions applicable  to  steam  locomotive  firemen  in  steam  service 
will  apply  to  helpers  in  electric  service,'  and  as  it  does  not  fix 
a  specific  rate  of  overtime  for  helpers  on  electric  locomotives,  it 
must  follow  that  the  rate  of  overtime  fixed  for  steam  locomotive 
firemen  will  apply  to  helpers  in  electric  service." 

The  Award  specified  an  entirely  different  overtime  basis 
for  steam  and  electric  passenger  service.  The  day's  work  in 
electric  passenger  service  is  the  same  as  in  steam  and  electric 
road  freight  service,  in  which  services  overtime  is  pro  rata  after 
ten  hours,  and  it  therefore  must  follow  that  overtime  in  electric 
passenger  service  is  pro  rata,  and  this  was  distinctly  my  under- 
standing at  the  time  the  Award  was  signed. 


2731 

ARTICLE  9. 

Questions  Nos.  18,  20,  21  and  22. 

In  this  arbitration  the  individual  fireman  was  not  consid- 
ered, but  the  class  as  a  whole  was  bargained  for,  and  at  this  time 
to  state  that  the  individual  fireman  must  be  considered  is 
foreign  to  the  accepted  principle  of  collective  bargaining,  to 
the  intent  of  the  Award,  and  in  opposition  to  the  contentions 
of  the  men  for  uniformity  and  standardization  made  during 
the  arbitration  proceedings  when  this  Award  was  drawn. 

The  Award  is  clear  that  "the  earnings  of  firemen  in  any 
class  of  service  shall  not  be  diminished  by  the  provisions  of 
this  Award."  If  it  had  been  the  intention  to  consider  the  indi- 
vidual fireman,  the  language  of  the  Award  would  most  certainly 
have  been  different,  as  a  slight  change,  such  as  "the  earnings 
of  any  fireman  in  any  class  of  service,  etc.,"  could  have  been 
placed  in  the  Award  and  have  been  clear  that  the  individual  fjre- 
man  must  be  considered. 

The  Award  states  that  "the  earnings  of  firemen  in  any  class 
of  service,  etc.,"  and  this  wording  of  the  Award  plainly  means 
that  the  firemen  in  any  class  of  service  must  be  considered  as 
a  whole,  but  I  have  been  willing  to  consider  the  class  of  service 
as  applying  to  any  set  of  runs.  Any  further  concession  than 
this  is  entirely  at  variance  with  the  intent  of  the  Award. 

When  Article  9  was  framed  it  was  the  distinct  understand- 
ing that  it  prohibited  a  combination  of  rates  that  were  higher 
antecedent  to  the  Award  with  the  awarded  conditions,  where 
better  than  the  old  conditions,  and  also  prohibited  a  combination 
of  the  awarded  rates  with  conditions  that  were  better  antecedent 
to  the  Award,  and  the  reading  of  Article  9  of  the  Award  still 
maintains  this  idea,  for  if  any  combination  is  made  between 
awarded  rates  or  conditions  and  other  rates  or  conditions  that 
were  better  antecedent  to  the  Award,  they  must  inevitably  give 
greater  earnings  than  either  the  earnings  of  the  firemen  ante- 
cedent to  the  Award  or  the  awarded  rates  and  conditions.  Ar- 
ticle 9  was  framed  to  prevent  combinations  that  would  further 
increase  the  high  spots  existing  in  various  schedules  and  was 
agreed  to  by  me  because  I  considered  it  a  fair  rule  in  that  it 
did  not  reduce  the  earnings  of  firemen  in  any  class  of  service, 


2732 

and  prevented  them  from  making  combinations  of  higher  award- 
ed rates  and  better  working  conditions  antecedent  to  the  Award, 
and  vice  versa. 

If  the  earnings  of  an  individual  fireman  on  any  engine  or 
in  any  class  of  service  may  not  be  less  than  what  they  were 
prior  to  the  Award,  then  it  necessarily  follows  that  the  earn- 
ings based  on  rates  and  working  conditions  under  both  the  prior 
schedule  and  the  Award  must  be  calculated  on  each  trip.  Cer- 
tainly no  such  idea  was  contemplated  when  Article  9  was  adopt- 
ed, and  the  only  way  this  can  be  avoided  is  by  treating  with 
classes  of  service  or  separate  pools  or  sets  of  runs  and  calculat- 
ing the  earnings  of  firemen  as  a  whole  for  typical  periods.  When 
this  has  been  done,  whichever  basis,  either  the  old  rates  and 
conditions  or  the  awarded  rates  and  conditions  providing  the 
greater  earnings  should  be  adopted. 

As  an  illustration  of  the  complication  of  applying  the 
Award  in  the  manner  determined  by  the  majority,  take  the  case 
of  one  railroad  in  these  proceedings.  The  rates  prior  to  the 
Award  were  lower  than  the  awarded  rates  in  many  instances, 
but  the  men  had  a  better  overtime  regulation,  they  had  a  better 
terminal  delay  regulation,  they  had  a  better  held-away-from- 
home-terminal  regulation  than  the  Award. 

It  will  be  seen  from  this  set  of  complications  that  each 
separate  and  particular  trip  will  have  to  be  calculated  in  all 
its  phases  to  determine  whether  the  new  conditions  in  that  par- 
ticular trip  are  better  or  the  old  conditions  of  each  particular 
trip  are  better,  also  if  the  new  rates  are  adopted  and  the  old 
conditions  are  so  applied  as  not  to  increase  the  earnings,  I  am 
at  a  loss  to  understand  how  these  various  provisions  of  their  pres- 
ent schedule  that  are  better  than  the  awarded  conditions  are 
to  be  compromised.  All  of  these  factors  are  likely  to  enter  into 
a  daily  trip  or  run. 

It  will  be  noted  that  this  Article  9  has  a  distinct  bearing  on 
the  answers  to  Questions  Nos.  4,  5,  6,  7,  12,  15,  16  and  17. 

Yours  truly, 

(Signed)  W.  W.  ATTERBURY. 


...',-;.'.''•■'•' 

Wm 

.  ■ 

■- 

YE   14132 


I  i  '  I  m 


